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United States First Circuit


KEARNEY v. J.P. KING AUCTION CO., INC., 00-1837; 00-1910

Assertions that at auction property would sell for between $3 and $10 million and that the auction would attract "heavy hitters" are not actionable under Maine common law as they are not statements of present fact but expressions about belief about and hope for the future.

Appellate Information

  • Decided 09/13/2001
  • Published 09/13/2001

Judges

  • LEVIN H. CAMPBELL, Senior Circuit Judge., Before TORRUELLA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and SCHWARZER, Senior District Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Thomas P. Hineman and Mark K. McDonough, with whom Kevin M. Cuddy and Cuddy & Lanham were on brief for appellant.

  • For Appellees:
  • John W. McCarthy, with whom Brent A. Singer and Rudman & Winchell, LLC were on brief for appellees.
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